Indemnity clauses are included in contracts to provide a means by which the contracting parties can shift the responsibility of risk. “Indemnity clauses can expand, limit or even eliminate the ...

Let’s begin by defining “indemnification clauses.” To “indemnify” is to compensate someone for injury or losses incurred (or to be incurred) as related to ...

One of the most negotiated and fundamental provisions in any contract is the manner in which the parties will allocate risk. Also known as an “indemnity” or an “indemnification provision,” these ...

The clause appears across commercial files of every kind. In construction claims, it carries particular weight. Most adjusters notice it, but few stop long enough to analyze it. That gap between ...

Most commercial contracts contain indemnity clauses. Yet, despite their prevalence, relatively few contracting parties have a clear and structured understanding of what indemnities are, how they ...

Developers rushing to get projects off the ground can face significant risks without developing clearly defined indemnity clauses at the outset. Indemnity clauses, included in virtually all ...

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences.

Whether you know it or not, the Uniform Commercial Code imposes a warranty of non-infringement on every product you as a product manufacturer sells. Essentially, the law requires to you to guarantee ...

The Dibrino case clarifies that indemnity and additional insured coverage are separate and governed by different standards. Indemnity requires a direct link to a subcontractor’s scope of work, while ...

Indemnification is more than a six syllable word that puts you to sleep before you’ve finished saying it. Often overlooked, indemnification creates important, business-ending responsibilities that ...

In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases that have provided additional insight into the application of the requirements for seeking ...

This disconnect is commercially significant. Where a party to a contract has a clear understanding of what indemnities are and what they are intended to achieve, that party is better positioned to ...